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HomeMy WebLinkAbout78-105 1 2 8 4 6 8 9 10 11 12 13 14 17 18 8O 8~ RESOLUTION NO. 78-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE MAYOR TO SIGN GRANT AGREEMENT (DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, UKIAH MUNICIPAL AIRPOR~ The City Council of the City of Ukiah hereby RESOLVES: That the City of Ukiah shall accept the Grant Offer of the United States of America in the amount of $300,022 for the purpose of obtaining Federal aid under Project No. 5-06-0268-03 in the development of the Ukiah Municipal Airport; and That the Mayor Of the City of Ukiah is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the City of Ukiah, and the City Clerk is hereby authorized and and directed to attest the signature of the Mayor and to impress the official seal of the City of Ukiah on the aforesaid statement of Acceptance; and A true copy of the Grant Offer referred to herein is attached hereto and made a part hereof. PASSED AND ADOPTED this 17th day of May , 1978, by the following roll call vote: AYES:Councilmembers Hickey, Myers, Simpson, Snyder, Mayor Bra~nor NOES: None ABSENT: None ATTEST: City Clerk Mayor DEPAR"fM ~_.I'~'1" OF T~'~ANSPC, RTATiON FEDERAL AVIATION ADMIIWIGTRATION Page I of 14 pages Part 1-Offer Date of Offer Hay 1, 1978 Project No. Contract No. DOT FA78WE-4570 Ukiah Nunicipal 5-06-0268-03 Airport TO: City of Ukiah, California (herein referred to as lhe "Sponsor") FROM' The United States of America (acting throu~ the Federal Avb. iion Administration herein referred to as the "TAA") ' ~,n, ~o, the Sponsor has submitted to the F~MX a Project Applicntion dated' February 3, 1978 for a grmnt of Federal funds for a pro:e.-* for ment of thc ,,)~iah Municipal Ahport (l~crcin fl~e "Airport together with plans and specifications for such project, whicl~ Project as approved gy thc FM~ is hereby incorporated herein a~d made a part hereof; a~d ~5ltEREAS, tl~e FAA has approved a project for development of the Airport (herein callo,~ thc "Project") . consisting of the following-described ~rpmt development Land, clear zone, Runway 15, Parcel 20 (approx..21 acre), Parcel 21 (approx..24 acre), Parcel 22 (approx. .17 acre), Parcel 23 (approx. .17 acr. e), Parcel 24 (approx. .17 acre) and Parcel 25 (approx. .17 acre) including relocation assistance (10 families) and obstruction removal. all as mo~e particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORI~~, 5100-13 PG. I (10-71} SUPERSEDES FAA FORM 1G32 PG. PA(:; E I Page 2 of 14 Pages h~OW, THEREFORE, pursuant to and for the purpose of carrving out the provisions of the Airport and Airway Development Act cf~ 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Stanes and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE ~EDE?~4L AVIATIO:~ ADMINISYRATION, FOR A~:D ON BEHALF OF THE UNITED STA~filS, HEREBY OFFERS A'~D AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project: a. With respect to the costs to the Sponsor which are reimbursable under Section 211 of tile Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970: (1) for costs incurred on account of any displacement occurring after January 1, 1971, and prior to Jul>- 1, 1972, or after June 30, 1972, on account of any acquisition of real property occurring prior to July 1, 1972: (a) 100 percent of the first $25,000, and (b) 90 percent of the bala~ce of the costs in excess of $25,000, and b · (2) 90 percent of the costs incurred on account of any displace- ment occurring after June 30, 1972, on account of any acquisitiom of real property occurring after June 30, 1972; 90 percent of all other allowable costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be (a) $ 95,400 for the cost to the Sponsor of providing payments and assistance for displaced persons under subparagraph a of the foregoing paragraph. (b) $ 204,622 for all other allowable project costs. 2. The Sponsor shall: (a) begin accomplishment of the Project within sixty (60) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of tile United States hereunder by the FAA; Page 3 of 14 Pages (b) carry out and co~z~plete the Project without undue delay and in accordance with the terms hereof, the Airport and A~.rway Development Act of the Federal Aviation Administration (14 CFR 152) in effect as of the date of accepta~ce of this Offer; which Regulations are herein-after referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and pre?erty map, incorporated herein, as they may be revised or modified ~;itb the approval of the Ffuk. 3. The allowable costs of the projc~ct shall not include any costs deter- mined by the FAA to be ineligible for consideration as to allou'abJ]ity under Section 152.47(b) of the Regulations. 4. Payment of the United States share of the allowable project costs will be made pursuar~t to and in accordance with thc provisions of Sections 152.65-].52.71 of the Regulationa. Einal determination as to ti~e allo~- ability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations' Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs tc ~..~hich such sem~-final relates will be made at the time of such semi-final (Continued on Page 4) Page 4 of 14 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, ~reed or national origin in the use of any of the facilities provided for the public on the aiport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Soonsor. 7. This Offer shall expire and the United .States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Spcnsor on cr before ~y 31~ 1978~ or such subsequent date as may be prescribed in writing by the FAA. 8. The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modifica- tion thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter ~0, which is paid for in whole or in part with funds obtained from the Federal C~vernment or borrowed on the credit of the Federal Government pursuant to a grant, contrac~-, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan insurance, or guarantee the following Equal Opportunity clause. (a) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, relioion, sex or national origin. The contractor will take affirma- tive action to ensure that applicants are emoloyed, and that employees are treated during employment'without retard to their race, color, sex or national origin. Such action shall include, but not be limited to the followina: Employ- ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. The contractor agree to post in conspicuous places, available to employees and applicants for .employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, Standard Special Condition - Form Pace a (1/77) Page 3 of 14 pages state that all Gualified a~licants will receive considera- tion for employment without regard to race, color, religion sex or national ori'gin. (3) The contractor will send to each labor union or representa- tive of workers with which he has a collective bargainina agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall ~ost copies of the notice in con- spicuous places available to employees and applicants for employment. (4) The contractor will ccm~ly with all provisions of Executive Order '1246 of 24 September 1965,-and of the rules and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Crder 11246 of 24 Seotember 196], and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ~ (6) In the event of the contractor's nonccmoliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with Drocedures authorized in Executive Order 11246 of 24 Se0tember 1965, and such other sanctions may be imoosed and remedies invoked as ~rovided in Executive Order 112~6 of 24 Sentember 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary or Labor issued pursuant to Section 204 of Executive Order 11246 of 2a September 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering Standard Special Condition - Form PaGe b (1/77) leaae 6 c~ 1~ ~ages- agency may direct as a means cf enforcing_ such provisions, including sanctions for nonccmpliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor er vendor as a result of such direction by the administering agency, the contractor may request the United States to e~ter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above e~ual opportunity clause with respect to its own emaloyment practices when it particioates in federally assisted construction work: provided, that if the applicant so participatinc is a state or local government, the above equal opportunity-clause is not applicable to any agency, instrumentality cr subdivision of such gove~nment which does not participa?e in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, reaulations and relevant orders of the Secretary of Labor; tha~ it will furnish the administering agency and the Secretary of Labor such informa- tion as they may require for the supervision of such compliance; and that it will otherwise assist the administerin~ aaency in the discharge of the agency's primary responsibility ~or secur- ing compliance. The SPonsor further agrees that it will refrain from enterin~ into any contract or contract modification subject to Executive Order 11246 of 24 September 1965 with a contractor debarred from, or who has not demonstrated eliaibility for, covernment contracts and federally assisted construction contracts ~ursuant to the Executive Ord.er.and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imoosed · upon contractors and subcontractors by the administering a~ency or by the Secretary of Labor pursuant to Part II, Subpart ~ of the Executive Order. In addition, the Sponsor acrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance ~uarantee); refrain from extendin~ any further assistance to t~e S~¢nsor under the oro~ram with~ respect to which the failure or refund occurred unti~l satisfac- tory assurance of further compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. Standard Special Condition - Form Pa~e c (1/77) ,,, Pege 7 of 14 pages (b) State and local governments intending to impose affirmative action hiring and/or training recuirements on federally assisted construction already subject to federal minority hiring and/or training plans established pursuant to the Order shall submit such requirements to the Director prior to their inclusion in any federally assisted construction contracts. Such state or local government requirements will be deemed applicable to federally assisted construction contracts unless the Director, or in the case of an appeal of the Director's determination, the Assistant Secretary for Employment Standards, determines that such requirements are inconsistent with the Order or incom- patible with the effective implementation of the federal minority hiring and/or training plan (either voluntary or imoosed) in the area. The state or local government affirmative action hiring and/or training requirements shall not be included in federally assisted construction contracts until the Director, or in the case of an appeal, the Assistant Secretary, has had an oppor- tunity to make a determination in accordance with this paragraph. The Director shall make his determination within 60 da~s of his receipt of the state or local government's submission, which should include the pertinent affirmative acti.on hiring and/or training requirements and. supporting data. The Oirector may also request the state or local government to supply information and data necessary for his determination. The Director's deter- mination shall be communicated directly to the state or local governmental body by registered mail, return receipt requested, together, in the case of an adverse determination, with a noti- fication of its right to appeal to the Assistant Secretary. The Director's determination shall also be announced in a Federal Register notice, which shall also indicate that the state or local government, and any other persons or groups affected by the Director's determination, including construction trades con- tractors, labor organizations, associations or other organizations of construction trades contractors and/or labor organizations, and minority community groups, may appeal such determination to the Assistant Secretary by requesting a hearing within 21 days of the publication of the Federal Register notice. Follow- ing this appeal period, if any requests for a hearing have been filed with the Assistant Secretary, the Department of Labor shall then designate an administrative law judge who shal! conduct a hearing to make proposed findings and a recom- mended decision to the Assistant Secretary upon the basis of the record before him. The administrative law judge shall give reasonable notice of the opportunity to participate in such hearing by registered mail, return receipt requested, to those requesting the hearing and shall also give reasonable notice of such hearing in the Federal Register to inform all other persons, organizations and other entities affected by the Standard Special Condition - Form Page d (3/77) Page 8of 14pages Director's determination of their opportunty to participate in the hearing. Each ~articiDant shall have the riaht to counsel and a fair opportunity to present his case, includina such cross-examination as the administrative law judge may ~ deem appropriate in the circumstances. Within ~0 days of the close of the appeal period for re~uestin~ a hearinG, the Assis- · tant Secretary shall make a final decision on the 6asis of the record before him, which shall consist of the record for recommended decision, the rulings and reccmmended decisions of the administrative law judge~ and the exceptions and briefs filed subsequent to the administrative law judge's decision. In determining whether state or local covernment affirmative action hiring and/or training requirements are inconsistent with the Order or incom0atible with the effective implementation of the applicable federal mincrity hiring and/or training plan in the area, at least the followin~ factors shall be considered under this subparagraph: (i) the impact of the state or local government requirements on the successful implementation of the federal plan in the area;. (ii) the minority population in the area to be covered by the state or local government plan; (iii) the minority manpower utilization in the area construction industry, on a trade-by-trade basis; (iv) the availability of minorities for employment in the area construction industry; (v) the need and availability of traininm prcmrams in the area construction industry; (vi) the projecte~ gro~th and attrition factors of the area construction industry in the near future; (vii) available procedures to ensure tha~ contractors, subcon- tractors and others are orovided with notice and a full o~portunity to contest allegation of noncompliance; and (viii) assurances that the state or local government minority hiring and/or train~ ing requirements are net intended and shall not be used to discriminate against any ~ualified person on the basis of race, color, religion, sex or national origin. State and local ~overn- ments are encouraged: to participate in the formulation an~ implementation of federal minority hirinq and/or training plans consonant with the aforementioned criteria in areas currently without such plans; to enforce their fair employment practices laws with respect to acts of discrimination affectino federally assisted construction; and to assist the administerin~ federal agency in monitoring the compliance of contractors and subcon- tractors performing on federally assisted projects. For purposes of this subparagraph, sistant Secretary" means the Assistan-r "As Secretary for Employment Standards or his designee. 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. Standard Special Condition - Form Page e (1/77) Page 9 ell4 pages The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disc!cseJ and made available to other organizations or firms. Responses by mi~orify firms to invitations for bids shall be treated in the same ~.anner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be dacmcd to cons*i+ ~ ,U~ compliance by the Sponsor with requirements of 49 CFR 21 Appendix C(A)(1)(X), Regulations of the O~'~ice of the Secretary of Transpor- tation. 10. It is understooU and agreed that the Sponsor will provide for FAA employees adequate parking accc.n~.modarions satisfactory to the Administrator at all FAA technical facilities (Air- ~av;gation and Air Traffic Control tacilities) located on the airport. It is further understood and agreed that S~onsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when uzed for FAA business) necessary for the maintenance and operation of the FAA facilities on the airport. Such land shall be adjacent to the facilities served. 11. It is understood and agreed that the Sponsor shall comply with the revised Administration requirements to FAR Part 152 as set forth in the May 3t, 1974, issue of ~he Federal Register, Volume 39, No. 106. It is further agreed that the Sponsor shall comply with the assurances contained in FAA Form 5100-100. 12. It is understood and agreed by and between the parties hereto that pursuan~ to FAR Part 152, Section 152.64, the FAA may by written notice terminate or suspend this Grant in whole or in part, or withhold payment if it finds that the Sponsor has failed to comply ~ith any of the terms or conditions of the Grant or if it finds that continuation of the project would not produce beneficial resu!ts. 13. It is understood and agreed by and between the parties hereto that the Sponsor shall comply with the reporting requirements set forth in FAR Part 152, Section 152.66. 14. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the~second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation S~andard Special Condition - Form Page f (5/77) Page l~14 pages Act of t958, using such airpcrf shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory and substantially ccmparabl'e rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined ~assen~er and cargo flights cr all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air car~ier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixe~-base o~erator usino a g~neral aviation air~ort shall be subject to the same rates, fees, rentals, and other charges as are uniformly aoalicable to all other fixed-base o~erators making the same or similar uses of such airoort utilizinc the same or similar facilities; provision (A) above, shall not require the reformation of any lease or other contract entered into by a soonsor before July 12, 197~; mrovision (B) above, shall not reGuire the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 15. It is understood and agreed that no part of the Federal share of an airport development ~roject for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et se~.), or under the Federal Airoort Act, as amended (~9 U.S.C. 1101 et seq.), shall be included in the rate base in estab- lishing fees, rates, and charges fer users of the airoort. 16. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accor- dingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the ~rant or to benefit from the ~rant is not listed on the Environmental Protection ~gency (EPA) List of Violating Facilities. (b) The sponsor agrees to comply with all the reGuirements of Section 114 o~ the Clean Air ~.ct and Section 308 of the Federal Water Pollution Control Act and all regulations issued there- under. (c) The sponsor shall notify the FAA of the receipt of any communi- cation from the EPA indicating that a facility to be utilized for performance o~ or benefit from the ~rant is under considera- tion to be listed on the EPA List of Violating Facilities. Standard Special Condition - Form Page g (1/77) Page !l of 1/ 'ages (d) The sponsor agrees that hb ~cill include or cause to be included in any contract or subcontract under the grant ~¢hich exceeds $100,600 the criteria and requirements in these subparagraphs (a) through (d). 17. Ihe grantee agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the perfor~nance of contracts financed in whole or in part with Federal funds provided under this agreement. For the purposes of this provisions, "minority business, enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or oti~er similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; ~merican Indians; and Alaskan natives. Grantee further agrees to comply with such regulations as ma? be issued by the Federal Aviation Administration to implez~ent Section 30 of the Act. 1.8. It is hereby understood and agreed by and between the parties hereto that the United States will no~ make nor be obligated to make any payments involving Parcels 20, 2l, 22, 23, 24 and 25 as shown on the .property map i'ncorporated herein and. identified as Exhibit "A" until the sponsor has submitted evidence that it has acquired a fee title or such lesser propert: interest as may be found satisfactory to the FAA in and to said Parcels (or any portion thereof for which grant payment is sought) subject to no liens, encumbrances, reservations or exceptions which in the opinion of the FAA might create an undue risk of inter- ference with the use and operation of the airport. 19. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 27 of Part V - Sponsor's Assurances - of the Project Application dated February 3, 1978, and, therefore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior Grant Agreements to furnish rent-free space and/or such estates or interests in such land or rights in buildings for the activities specified in such agreements. 20. By its acceptance hereof, the Sponsor covenants and agrees that with respect to Parcels 20, 21, 22, 23, 24 and 25 as shown on Exhibit "A", it will clear any of said Parcels 20, 21, 22, 23, 24 and 25 acquired in fee of any existing structures, prior to final payment under the project and that it will neither erect nor permit the erection of any permanent structures therein except those required for aids to air navigation or those which may be specifically approved by the FAA; further, if a lesser interest other than fee is acquired in said Parcels 20, 21, 22, 23, 24 and 25. the Sponsor sgrees it will clear said Parcels 20, 21, 22, 23, 24 and 25 of any existing structure or any natural growth which constitutes an obstruction to air navigation ~ithin the standards established by Part 77 of the ~deral Aviation Re:juIations; and further the Spot, sot covenants that it ~.~il! control the subsequent erection o~ structures and control natural growth to th~_ extent necessary to prevent the creation of obstructions within said standards. 21. A. Pursuant to Sections 210 and 305 of the Unifor~,~ Reloction Assistan~.~ and Real Property Acquisition Folicies Act of 1970 (P.L. 91-646); Part 25, Regulations of the Secretary of Transportation "Relocation Assistance and Land Acquisition for Federal and -~edera]{y Assisted Programs" (49 CFR Part 25{ 40 F.R. 41041); the legulations; and other applicable provisions of .aw-- the terms used in this paragraph to have the meanings assigned to them under such Act and regulations: 1. Sponsor wil! provide fair and reasonable relocation payments to displaced persons as required by Subparts E, F, and G of said Part 25; 2. Sponsor will provide relocation assistance programs fer displaced persons offering the services d~ascribed in SuSpart D of said Part 25; 3. Sponsor ~'ill adequately inforn the F~ublic ~f the relocation payments and services which ~,/ill be available under Subparts D, ~, , . Part 25; ~ F and G of sa~d 4. Comparable replacement d~'el]ings will be available, or provided if necessary, within a reasonable period of tine before any person is displaced; 5. Sponsor will fully comply with Subpart I of said Part 25; 6. Sponsor will adequately inform the public of the acquisition policies, requirements, and payments which ~ill a,~ply to the project with respect to any acquisition of real proper~y to which said Part 25 and this agreement apply; 7. When approval of the FAA is required before Sponsor may proceed with any phase of the Project and t~aat phase will cause the displace~,~ent of any person, sponsor will, prior to proceeding with that phase, provide the FAA with written assurance~ satisfactory to the FAA that: (a) Based on a current survey and analysis of available replacement housing and in consideration of competing demands for tt~at housing, comparable replacement d~¢ellings will be available witl~in a reasonable period of tine prior to displacement, equal in number to the displaced persons who require the,n, and (b) The Sponsor's relocation program is realistic and is adequate to provide orderly, timely, ~nd efficien~ relocation of displaced individuals and fa-nilies to decent, safe, and sanitary housing available to persons ~-ithout regard to race, color, religion, or national origin with minimum hardship to those affected. B. With respect to every person who was displaced or from whom real property was acquired after ] January 1971 and who would have been entitled to any payments or relocation assistance pursuant to the Pag~ [3 of 14 Pages assurances in this agreement had this agreement been in effect at thc time of such displacement or acquisition, Sponsor represents and under- takes as the case may be: (l) That such person has received or wi]l receive all the payments and has timely been or will be timely afforded all the assistance and advantages that would have accrued to him under the provisions of this paragraph had he been displaced or the real property acquired or his entitlements as such tenant accrued subsequent to the date of this agreement; and (2) that Sponsor i~as timely performed or will timely perform all acts that would have been or would still be required of the sponsor had the assurances of this paragraph been applicable at the times identified in this paragraph. C. That the United States shall not make nor be obligated ~o make any pa}~ent hereunder for acquisition of any one parcel or reimburse- ment for acquisition of any one parcel until the spo~sor has complied with the requirements of this paragraph as it relates to that one parcel. D. The obligation of the United States under this agree~nent to share in the allowab]e costs incurred by Sponsor under this paragraph shall be subject to all the pertinent and applicable provisions, limitations, and conditions contained in the laws and regulations referred to in this paragraph. Page 14 o[ 14 pages The Sponsor's acceptance of this Offer and ratification and adoption of the PrtLicct Application incorporated herein shall be evidenced by execution of tltis instru~ent l~v. tl~e Sponsor. asl~erein- a:ter provided, and said Offer and Acceptance sl~ali co~prise a Grcttit ..X:rccn~ent. as provided by tlie ..kirpot-t and Airxvav Development Act of 1970. constituting tl:e obliqzations a~d riel~ts of tl~e Uni:ed States and tl~e ~ponsor_ witl~ req. t.,ect to the accoillp!ishme~t oi ttxe ]'reject and tl~e ot)cratio~ and n~aintenance of t~= A~rport Such C;ra,,t . ,, , ......... , I 11 bce e ~fectivc upon the Spo~sors acceptance of this Offer and shall remain in l't~! force and effect tl~ro'.~qhour tl~e useful life of the 12cilities developed under thc Project but in any event not to exceed ~wcnty years fl'oln the date of said acceptance. L~ITED STAI'I!S OF A},IERICA FEDE~L AX'I.ATION ADMINISTRATION /P/ . ..-',.-..~' . :~,' . ~ · .~,z - ~ ........ : ..... / ................ /~' (TITt. E) ~~ Ch~e~ AL~po~ DLs~:~c~ O~ce) SFO-600 ~rt II-Accept:nee ~le City of Ukiah, California does hereby rati:v, and adopt all statements, ~ep:ese~tations. warranties, covenants, and agree:neats containQd in ~he Project Application and ~ncorporatcd niat~al~ referred to in the forcgoinc. Oft'ct and does he~'eby accept said Offer and by :uclt acceptance agrees to all of the temps and conditions thereof. Executed this ..... ~ ............ day of ............. _.. .............., 19.~ CEi~.TIFICATE OF SPONSOR'S ,ATTORNEY CITY OF UKIAH, CALIFORNIA (Name of Sponsor) B y~~..- .~. ' ~~_-~...,~_.r?..~..-:.:--.-.. ......... Tit l e...'/'~.~_~ .~'~ ........... acting as Attorney for .C..i.ty..qr...U.k.i.a.h.,..C.a.!:i:f.'gyp.i.q,....' (tierein referred to ;?stlle "Sponsor") d(~ hereby ce~'tify' Tliat I have examined the fore~_,oir~.g Grant .,\gree;~:ent and the procacdings taken by said Sponsor rela~ing thereto, and find tt~at~tl~e .-Xcceptan:e tlmreof by said Sponsor has been duly auth- orized and that tlie execution tl~ereof is in all respe-ts dna a~ci proper and i~a accordance with the laws of tl~e State of..C~lif.o.ro.io .................... and l'ui'tl~cr t!tat, in ;n'/opinion, said Grant Agreement constitutes a local a~d bindin}z obligation of tl~e Sp,_,nsor i~i accordance witt~ the terms thereof. D atedat..~~~~ ................. this. ...... Title... ~~3 ............